How to Fight Back Against Infringement on Social Media: The Takedown Notice Process
The fundamental nature of social media involves sharing content, but the ease at which “sharing” is facilitated by these platforms has its drawbacks.
For interior designers and other creatives, one big concern is the ability for others to freely use their copyrighted materials or trademarks without authorization. The good news is that stopping this kind of infringement can be as easy as filling out an online form. Let’s dive in.
Intro
Sharing, reposting and going viral are all commonplace on social media, and for many designers, this is precisely what they’re hoping will happen when they publish their images, blog posts, videos and other original content on their social properties and other online platforms.
However, the rules that govern what someone can and can’t do when it comes to “sharing” or otherwise using someone else’s content online aren’t always followed, and, unfortunately, online infringement is commonplace.
Because it’s generally the original creator’s obligation to police their own intellectual property, interior designers themselves are tasked with addressing unauthorized use of their content and brand identity.
Thankfully, there are some easy tools designers can use to help prevent the unauthorized use of their intellectual property that don’t involve a full lawsuit. In this article, we’ll cover the DMCA Takedown Notice process that every interior designer can use to help address infringement of their work or branding on social media platforms and other online marketplaces.
Why Worry About Social Media?
For those in creative business fields, social media is often used to showcase work, increase brand awareness, engage with followers, generate leads, get inspired, and stay relevant and up to date.
Social media is also where potential clients go, not just for inspiration, but also to shop.
In fact, a 2017 study shows that Instagram influences almost 75% of user purchase decisions. Pinterest, with its 463 million monthly active users, has become the go-to place for both designers and homeowners to keep up with interior design trends. And just this month, TikTok, which has become a powerful marketing tool for some designers, launched its TikTok Shop, allowing brands to sell to directly to consumers through the app.
Essentially, the role social media plays in the business of interior design is significant. Therefore, any unauthorized use of a designer’s work on these platforms should not be ignored.
Ways Interior Design Intellectual Property is Infringed on Social Media
Some common ways interior designers work or branding is infringed on social media and other online marketplaces include:
Image Theft - Unauthorized use of interior design images, whether from a designer's portfolio, website, or social media, by others who claim the work as their own or use it for promotional purposes without permission.
Plagiarized Content - Copying and pasting blog posts, articles, or design descriptions from one designer's website to another's without proper attribution or consent.
Counterfeit Product Sales - Selling counterfeit or knockoff versions of branded designer furniture, décor items, or fixtures online, often at a fraction of the price of the original, deceiving customers.
Misappropriation of Design Concepts - Taking design concepts, floor plans, or layout ideas from one designer's portfolio or published work and presenting them as one's own in online portfolios or projects.
Trademark and Brand Infringement - Unauthorized use of a designer's or a design firm's name, logo, or branding materials online to deceive clients or customers into thinking they are dealing with the legitimate designer.
Cybersquatting - Registering domain names that are similar to established interior design brands or designers' names, with the intent to profit from the confusion or to tarnish the reputation of the original brand or designer.
The good news is that there are several ways designers can take matters in to their own hands to address these types of intellectual property infringement.
Are Your Intellectual Property Rights Registered?
The ability to enforce one’s intellectual property rights online may depend on whether the material is registered.
Copyright Registration
protects original creative works like photographs, drawings, videos, and written materials
registration involves filing an application with the U.S. Copyright Office
filing fees between $45 to $85
registrations are generally granted to applicants so long as the work meets the minimum originality standards
can take up to 3 months to register
Trademark Registration
protects names, logos and other branding that are used to identify the source of particular goods or services
registration involves filing an application with the United States Patent & Trademark Office (USPTO)
filing fees between $250 and $350 for each class of goods/services
trickier than copyrights to register as the USPTO undertakes an investigation of each application to determine whether the mark legally qualifies for a registration and is not confusingly similar to an already registered mark
can take up to a year or more to register
Although a registration is not technically required to assert one’s IP rights, the benefits are significant, including:
it shows to potential infringers that you take your IP serious
many social media sites are reluctant to take down content that isn’t covered by a registration
it is required to file a copyright infringement lawsuit or a lawsuit based on nation-wide trademark rights
Bottom line: If you anticipate your content getting copied, get your intellectual property registered.
You may also be interested in: Understanding the Distinction between Copyright and Trademark Protections in Interior Design
The Social Media Takedown Process
Under the Digital Millennium Copyright Act (DMCA), a federal copyright law that addresses various issues related to copyright in the digital age, online service providers (OSPs), internet service providers, hosting platforms, and social media sites, can avoid liability for copyright infringement committed by their users if they meet certain requirements.
These “safe harbor” requirements include:
appointing a designated agent to receive and respond to DMCA takedown notices
implementing a policy to terminate repeat infringers, and
promptly removing or disabling access to infringing material upon receiving valid DMCA takedown notice.
As a result, many online platforms and social media sites have implemented online complaint mechanisms that allow copyright owners to flag unauthorized use of their work and submit their DMCA takedown notice. Although trademark rights are not addressed under the DMCA, many of these platforms also include a way to initiate complaints concerning trademark infringement.
What Information Do I Need To Provide?
Submitting a takedown notice through social media sites or other online platforms that offer a built-in complaint mechanism is relatively simple. The owner of the protected content, or their legal representative, will be asked to provide a few pieces of information:
Identification of the Protected Material - They provide details about the copyrighted work and the location (URL or other identifier) of the infringing material
Identification of the Protected Material Infringing Material - The copyright holder identifies specific content, such as text, images, videos, or audio, that they believe infringes on their copyright.
Contact Information - The notice includes contact information for the copyright holder or their authorized agent, including a physical address, email address, and phone number
Statement of Good Faith Belief - The notice contains a statement that the sender has a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
Statement of Accuracy - The sender asserts that the information in the notice is accurate and, under penalty of perjury, that they are authorized to act on behalf of the copyright owner
Electronic Signature - The notice includes an electronic or physical signature of the copyright holder or their agent.
Where Can I Find The Complaint Forms?
Each major social media site used by designers has a simple take down notice form. I’ve gone ahead and found them for you:
Twitter/X
Pinterest
Facebook
Instagram
LinkedIn
What if the Platform Doesn’t Offer A Built-in Complaint Form?
Under the DMCA, an OSP must appoint a designated agent to receive and respond to DMCA takedown notices in order to avoid liability for copyright infringement.
Therefore, many sites that don’t provide a method for submitting infringement complaints may provide an email address or other contact information for their DMCA agent in the “contact” or “user terms” section of their site. Alternatively, a general contact email can usually be found through a WHOIS search, which may provide you with the site registrar’s “whois” email address.
Alternatively, for those OSPs who do not offer any online tools or whose contact information is difficult to find, the US Copyright Office has created a directory of designated agents.
The DMCA Counter-Notice
If a user believes that their content was wrongfully removed, on fair-use grounds or some other legal exception, they can submit a counter-notice to contest the takedown and request that the material be reinstated.
Once the OSP receives a valid DMCA counter-notice, they are required to forward it to the party who submitted the original DMCA takedown notice. If the party who issued the takedown notice does not take legal action (i.e., file a lawsuit) within a specified period (usually 10 to 14 business days), the OSP may reinstate the removed content.
Although the DMCA does not address unauthorized use of trademarks, many OSPs have adopted intellectual property policies that prohibit users from infringing on the trademark rights of others, and may adopt a similar process when dealing with trademark infringement.
Takedown Notice Important Requirements
It’s important to keep the following points in mind when submitting takedown notices:
Provide all Required Information - in some cases, takedown notices that do not include all the required information may be summarily denied
Be Accurate - owners of the infringed materials can be liable for damages if they cause an OSP to remove material that they had no rights to
Keep Records - maintain good records to back up your claim, including screenshots of all the the infringing materials, all communications with the platforms and infringers, and all relevant dates
Follow Up - make sure to respond to any inquiries or request for additional information from platforms
Process Limitations- while the takedown process is an easy way of removing unauthorized content from social media sites, seeking monetary damages or addressing more egregious forms of intellectual property infringement or reputational damage may still require pursuing traditional legal methods, including filing a lawsuit.
Final Thoughts
If your original images, videos, blog posts and other copyright protected materials are being used without your consent on social media, you have options for having the unauthorized materials taken down through the DMCA Takedown Notice process. Fortunately, many platforms use a similar process for reporting infringement of your trademarks like your name, logos and other branding.
These methods are an easy and relatively quick way of dealing with simple acts of online infringement of your intellectual property without having to engage expensive lawyers or engaging in a lengthy legal process. However, if you are looking to recover monetary damages, like lost profits, resulting from the infringement, you will want to speak to your legal counsel to determine the best strategy for addressing and enforcing your rights.
This article is provided for general informational purposes and should not be construed as legal advice nor as a solicitation of, or advertisement for, legal services. Legal advice is specific to each situation and if you have a legal issue, you should consult a qualified attorney licensed to practice in your state. No actual or implied attorney-client relationship is created by virtue of this article or by your purchase of any templates from the ID Law Shop.
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Images by: www.freepik.com/free-vector/trademark_3425230; www.freepik.com/free-vector/trademark_3232482; www.freepik.com/free-vector/plagiarism-illustration_10345810; www.freepik.com/free-vector/social-media-elements-cloud-shape_2404491